United States v. Virayuthchau

UNITED STATES OF AMERICAv.(1) VIRAYUTHCHAU a/k/a David, a/k/a Thai, and a/k/a Virak Yuth,

ORDER OF FORFEITURE (MONEY JUDGMENT)

NATHANIEL M. GORTON United States District Judge.

WHEREAS,
on August 31, 2016, the United States Attorney for the
District of Massachusetts filed a two-count Indictment,
charging defendants Virayuth Chau a/k/a David, a/k/a Thai,
a/k/a Viray Yuth (the "Defendant"), and another,
with Conspiracy to Distribute and Possess with Intent to
Distribute Marijuana, in violation of 21 U.S.C. § 846
(Count One), and Conspiracy to Launder Monetary Instruments,
in violation of 18 U.S.C. § 1956(h) (Count Two);

WHEREAS,
the Indictment included a Drug Forfeiture Allegation,
pursuant to 21 U.S.C. § 853, which provided notice that
the United States intended to seek the forfeiture, upon
conviction of the Defendant of the offense alleged in Count
One of the Indictment, of any property constituting, or
derived from, any proceeds obtained, directly or indirectly,
as a result of the offense; and any property used, or
intended to be used, in any manner or part, to commit, or to
facilitate the commission of, such offense;

WHEREAS,
the Indictment also included a Money Laundering Forfeiture
Allegation, pursuant to 18 U.S.C. § 982(a)(1), which
provided notice that the United States intended to seek the
forfeiture, upon conviction of the Defendant of the offense
alleged in Count Two of the Indictment, of any property, real
or personal, involved in such offense, and any property
traceable to such property;

WHEREAS,
the Indictment further provided that, if any of the
above-described forfeitable property, as a result of any act
or omission by the Defendant, (a) cannot be located upon the
exercise of due diligence; (b) has been transferred or sold
to, or deposited with, a third party; (c) has been placed
beyond the jurisdiction of the Court; (d) has been
substantially diminished in value; or (e) has been commingled
with other property which cannot be divided without
difficulty, the United States is entitled to seek forfeiture
of any other property of the Defendant, up to the value of
such assets, pursuant to 21 U.S.C. § 853(p), and 18
U.S.C. § 982(b)(1), incorporating 21 U.S.C. §
853(p), and such property specifically included, without
limitation:

a. A
sum of money equal to the total amount of proceeds obtained
as a result of the offense, for $1, 000, 000;

WHEREAS,
on March 23, 2017, at a hearing pursuant to Rule 11 of the
Federal Rules of Criminal Procedure, the Defendant pled
guilty to Count One and Two of the Indictment, pursuant to a
written plea agreement that he signed on March 23, 2017;

WHEREAS,
in Section 8 of the plea agreement, the Defendant agreed that
the assets to be forfeited specifically included, without
limitation, a forfeiture money judgment in the amount of at
least $1, 000, 000;

WHEREAS,
the Defendant agreed to the entry of a forfeiture money
judgment in the amount of $1, 000, 000 because such amount
constituted, or was derived from, proceeds of Defendant's
offenses and were involved in Defendant's offenses;

WHEREAS,
based on the Defendant's admissions in the written plea
agreement and his guilty plea on March 23, 2017, the United
States is entitled to an Order of Forfeiture (Money Judgment)
consisting of a personal money judgment against the Defendant
in the amount of $1, 000, 000 in United States currency,
pursuant to 21 U.S.C. § 853, and 18 U.S.C. §
982(a)(1), as the amount $1, 000, 000 reflects the amount of
proceeds the Defendant personally obtained as a result of
violations of 21 U.S.C. § 846 (Count One), and
Conspiracy to Launder Monetary Instruments, in violation of
18 U.S.C. § 1956(h); and

WHEREAS,
Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure
provides that "no ancillary proceeding is required to
the extent that the forfeiture consists of a money
judgment."

ACCORDINGLY,
it is hereby ORDERED, ADJUDGED, and DECREED:

1. The
Defendant shall forfeit to the United States the sum of $1,
000, 000 in United States currency, pursuant to 21 U.S.C.
...

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